logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2014.10.16 2013가합8421
계약무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by C.

Reasons

1. Basic facts

A. The Plaintiff (the former “G Co., Ltd.” changed from January 16, 2009 to the current trade name) is a stock company incorporated on September 10, 199 and carries out real estate investment advisory, planning, sale in lots, consulting, and interior remodeling projects.

B. From February 7, 2011 to September 5, 2011, H served as the Plaintiff’s internal director and representative director, and I served as the Plaintiff’s internal director and representative director from December 23, 2010 to February 7, 201, but again served as the Plaintiff’s internal director and representative director on September 5, 201.

C. According to the Plaintiff’s register of shareholders as of February 15, 2013, among the total number of shares 5,000 shares issued by the Plaintiff, J was listed as holding 3,00 shares, H 1,000 shares, and 1,000 shares, respectively.

On February 15, 2013, the minutes of the extraordinary general meeting of shareholders were prepared with the consent of 4,000 share shares among 5,000 share shares and 5,000 share shares issued by all shareholders who were present at the general meeting of shareholders, with the consent of 4,00 share shares of 5,00 share shares by the inside director and the representative director I resign, and the resolution of appointing C as a director

(hereinafter referred to as “instant resolution”). E.

According to the resolution of this case, I resigned from the Plaintiff’s internal director and representative director on February 15, 2013, and C was registered as a director and representative director on the same day.

F. According to the Plaintiff’s articles of incorporation, the representative director shall be the chairperson of the general meeting of shareholders, and another director appointed by the board of directors shall be the chairperson.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, 4, Gap evidence 5-2, Gap evidence 6, the purport of the whole pleadings

2. Determination on this safety defense

A. The defendant's assertion that C was not appointed as the plaintiff's internal director and representative director through the plaintiff's resolution of shareholders' general meeting and the resolution of board of directors, and the resolution of this case was made.

arrow